Central Texas

07/26/2012

The Texas attorney general's office has frozen the assets of an Austin-based group that it says broke state laws by promising immigration assistance to clients — sometimes for large sums of money — that it did not deliver, officials said Wednesday.

Travis County state District Judge Scott Jenkins granted the state prosecutors' request for an asset freeze and temporary restraining order against Just for People Inc., as well as its directors and affiliates, officials with the attorney general's office said.

The order comes as part of a lawsuit the attorney general filed this month that said the directors of Just for People and a related business promised immigration counseling services to Spanish-speaking people seeking to gain citizenship. The organization said it could help people obtain legal residence papers, work visas and appointments with immigration authorities.

The business did not deliver on those promises and would respond with threats if their clients complained, a violation of the state's deceptive trade practices laws, the lawsuit said.

* * *

The suit names Just for People director Elizabeth Gabriella Paneque, who it says goes by the aliases Gabriella Gatjnes and Nilda Odalys Paneque, as well as co-directors Frank Alarcon Marimon and Luz L. Guerrero. The suit also names Ayan Mohamed Ismail, who is co-owner of a related business called Lead God, along with Paneque and Marimon, the lawsuit said.

Attorney general's officials said in the suit that they have identified at least 23 people who paid Just for People. One paid the defendants $11,000 for immigration assistance and received nothing; another paid them $6,800 for a visa he did not receive, the lawsuit said. In one case, Just for People received a sum of $50,000 to bring an extended family into the U.S., the lawsuit said.

In addition, the defendants are forbidden by law from promising immigration services because they are not attorneys or approved by the U.S. Board of Immigration Appeals, the lawsuit said.

The lawsuit said the defendants had a "transient lifestyle," lived off cash made from their organization, and that all of the furniture in their home and business was rented.

07/16/2012

Thousands of people in our community are trapped by our broken immigration system.

How can people of faith respond?

Hear three pastors share their stories.

Meet with other Christian leaders in small groups, to discern how our churches are called to respond.

We will hear from:

Rev. Alan Bean, Friends of Justice Ministries - Founded Friends of Justice to build a new moral consensus for equal justice under the law.

Rev. Frank Alvarado, First Spanish Assembly of God - Pastors a bilingual church that includes people personally affected by our broken immigration system

Rev. Jim Coston, Calvary Baptist Church - Pastored a multi-ethnic church in Trenton, New Jersey, where he also served as a city council member. He now pastors a majority-Anglo church that is active in community service.

06/21/2012

On Wednesday, June 20, 2012, the Waco Tribune-Herald Editorial board published an opinion that questioned the politics driving President Obama's deferred action for immigrant youth policy but supporting the policy and calling on Congress to enact comprehensive immigration reform:

Putting aside the pure politics behind all this, we encourage friends and neighbors to evaluate the meris of such a policy regardless of whether it comes from Obama or Rubio. This decision should not be about these youths' parents, who broke the law, or Republicans and Democrats. Each political party has had its chance to pursue immigration reform in recent years -- and either scotched or botched the effort.

* * *

It's easy to say these youths broke the law (even if they came here through no will of their own) and that illegal activity cannot be condoned. The problem, of course, is more complex. If these immigrant youths are to grow to adulthood in this country, we should expect -- no, demand -- they be educated, skilled, fluent in English and functional. If we are to expect all that, we as a people must establish at least some protections in terms of legal status, either by presidential fiat or Congress. Our belief is that Congress should be pursuing these reforms.

In the shadows

But to keep these youths in the shadows, fearful of deportation, promises to make them second-class citizens rather than rising to the responsibilities we all face as good taxpaying Americans. It's not worthy of the noble ideals behind our founding. We need comprehensive immigration reform to resolve these complicated issues -- and the first step is getting past ugly culture wars that bring out the worst in us.

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This much we do kow: Doing nothing as this human crisis continues is not only heartless and self-destructive, it's also inexcusable.

06/16/2012

Local attorneys and other advocates are raising concerns about how McLennan County District Attorney Abel Reyna handles requests from illegal immigrants who seek legal status in return for assisting authorities with the investigation or prosecution of a crime.

The immigrants in question want to apply for what is know as a U-visa. The special visa category was created by the U.S. Congress in 2000 to encourage people who are in the country illegally to report crimes and cooperate with law enforcement.

Such visas allow people to legally live here for as long as four years, during which time they can apply for permanent residency.

To apply for a U-visa, crime victims first must get paperwork from either a law enforcement agency or a prosecutor outlining their cooperation. A decision about whether to grant the person legal stats then is made by a federal agency called U.S. Citizenship and Immigration Service. In the past, local officials typically signed off on valid requests fairly quickly, the advocates said. But Reyna has left a number of such requests pending for extended periods of time, they said.

Waco attorney Susan Nelson said that she has yet to hear back from Reyna's office about a request she made in December and another she submitted in February. One was filed on behalf of an adult domestic violence victim. The other involves a child who suffered sexual abuse, she said.

"I don't know of anybody who has gotten a case certified in the last year," Nelson said. "We've just had to tell (clients) we're at a dead end, that it's in the district attorney's hands."

Mark Kinzler, director of immigration legal services for Catholic Charities of Central Texas, said he has had a similar experience. He sent three or four U-visa request to Reyna's office during the past year and has only heard back on one, which was rejected, he said.

"I'm not getting calls back," Kinzler said. "(Prosecutors) have never come flat out and said they won't do them, but all of us that are trying to do certifications are getting the runaround."

Reyna responded to the Tribune-Herald's questions about his U-visa policy via a written statement. He said he has received "numerous" request for U-visa paperwork since taking office in January 2011 and has signed off on "five or less."

As for the pending requests referenced by the attorneys, Reyna said decision have been made on all of them.

"If there is a delay by my office in communicating my decision to the attorney of record, I will deal with that accordingly," Reyna said in his statement. "However, if their compolaint is that they have not heard from my office in a satisfactory amount of time, then the applicant can and should resubmit a U-visa application to one of the other entities or agencies that can certify the U-visa application."

Waco PD policy

That suggestion isn't as simple as it might sound, the attorneys said, The majority of local victims who need U-visa paperwork had their cases investigated by the Waco Police Department, Kinzler said.

The department's policy is that it won't sign such request. Instead, they are forwarded to Reyna's office for consideration.

Department spokesman Sgt. W. Patrick Swanton said the reason for that is because victims might not follow through in helping prosecutors if their paperwork is signed by police. While there have been "very limited" instances in the past where the department acted as the certifying agency that has never been the general policy, he said.

The department's position is a barrier on its own, the attorneys said. But it's further complicated by the fact that Reyna's office has told them cases must be prosecuted to completion before he will consider supporting a U-visa request. That means victims whose cases don't make it to trial or get resolved through a plea deal are out of luck, they said.

Cases can have that result through no fault of the victim the attorneys said. A grand jury might choose not to indict a suspect, for example. Or a defendant might disappear before he can be prosecuted, attorneys said.

The latter is the situation faced by a person Nelson represents. The woman was physically abused by her boyfriend, who fled after charges were filed, she said.

Nelson asked Waco police to support that U-visa request, but the department forwarded the matter to the district attorney's office, she said.

Reyna disputed the assertion that he has adopted any criteria for evaluating requests other than what is set out in federal law. He said it is "not necessarily true" that a case must be fully prosecuted before he considers a U-visa request.

"Each application must be carefully and closely reviewed on a case-by-case basis considering the totality of the circumstances," he said.

Reyna added that he applies a "high level of scrutiny" to requests because of the potential for U-visa misuse.

"While we advocate strongly for our victims, anytime you have a federal law that allows a person and family members who are in our country illegally to become legal residents and work based upon one family member's status as a crime vicitm, then there is a great potential for abuse," he said.

Federal law allows for victims who receive a U-visa to petition on behalf of relatives. When a vicitm is a child, legal status may be granted for the child's parents, as well as, unmarried sibling younger than 18. Adult victims can seek status for the spouses and children younger than 21.

The attorneys and other local advocates said they are trying to arrange a meeting with Reyna to discuss the issue.

Shortly after Reyna was elected, the Texas Civil Rights Project held a training session in Waco that included information about U-visas, said advocate Nancy Pacheco. The Austin-based project does advocacy and litigation work on behalf of low- and moderate-income Texans.

At that time, Reyna was open to talking about the topic, but seemed reluctant about actually certifying requests. Pacheco said. She said she hopes further discussion might bring about change.

State philosophies

Police and prosecutors across the state have a variety of policies and philosophies when it comes to signing U-visa paperwork, Pacheco said. Some officials are reluctant to participate in the process because they perceive anything having to do with illegal immigrants as a touchy political issue. But in many cases, their reluctance stems from misinformation, she said.

"I think alot of them feel like they are granting a visa, granting status and that's completely not the case," Pacheco said. "Basically, all they're saying is the victim cooperated."

Kinzler said he often hears that same misconception. He said he tries to stress that supporting a U-visa application is not just an act of compassion, it's also in the best interest of the entire community.

"You have crimes .. that happen and no one steps forward to talk about it, Kinzler said, adding that criminals who victimize illegal immigrants often prey on others as well.

Amy Perkins, executive director of the Advocacy Center for Crime Victims and Children in Waco, agreed that it's critical for victims to feel safe about talking with authorities. Because of that, she said she is glad a meeting with Reyna's office is in the works.

The agency has worked with four or five clients during the past year who ended up seeking U-visa applications, Perkins said.

"We just want the best for our victims," Perkins said. "I'm confidant that the community, as a team can work through this (issue)."

06/04/2012

Help stop the deportation of Raul Ortiz-Garcia, a hardworking man who is always doing what is best for his family.

Raul is in danger of being deported because he is a good and caring father. His only son, Luis, was arrested in 2010 for racing on the highway. Since Luis was undocumented, Immigration and Customs Enforcement (ICE) placed a hold on him. Because he was a minor, ICE would only release him to one of his parents – both of whom are also undocumented. Raul sacrificed himself by going to the ICE office to pick up Luis, knowing that they would also place him in deportation proceedings. Both Raul and Luis are now reporting regularly to the ICE office and appearing in immigration court in order to fight their deportations.

Raul's son, Luis, recently graduated for Waco high school and through the work ethic and commitment to education instilled by his father, Luis plans to attend college and study to be a mechanic.

Raul has been working in his community of Waco, Texas since he arrived in 1997, and has held the same job since 2003. He is known as a very hardworking employee, who works 40+ hours a week to provide for his family. He and his partner, Lourdes Flores, are proud homeowners and taxpayers as well. He is described by friends and coworkers as honest and loyal, responsible and calm, and a well rounded individual. He even coaches his community’s soccer team that his son plays on.

In spite of all of his contributions to his family and community, ICE wants to deport Raul Ortiz-Garcia back to Iztacalco, D.F., Mexico. Although this is his city of origin, Raul knows Waco, Texas as home. When he was involved in an auto accident in 1999 and sent back to Mexico, he returned to his home in 2 weeks so that he could continue to provide for his family, financially and emotionally.

The Obama Administration recently said it was focusing its immigration enforcement resources on the highest priority cases: threats to national security and public safety. They said they would not deport people with strong family and community ties in the United States. Raul Ortiz-Garcia is a perfect example of the person that they are aiming to keep in America. His family and community rely on him heavily and he poses no risk to national security.

Please help us to keep Raul here in America for his family and friends. ICE has the authority to use their discretion to close Raul’s case and one of the factors that they look at is community support and attention. By signing this petition, you will help to show ICE that there is widespread support for Raul to remain in Waco, Texas with his family and continue the American dream.

We are asking that you support Raul and his family by signing this petition urging ICE officials to exercise their discretion and terminate Raul’s case. Although Raul did come to this country without inspection, this was done over 12 years ago and should not outweigh how important he is to his family and community.

We are betraying all we say we are as Americans when we deport people like Raul Ortiz-Garcia and justice demands that Raul be allowed to stay in America to care and provide for his family.

Along with signing this petition, we are asking that you ask the Department of Homeland Security to end Raul Ortiz-Garcia's deportation. Call the Department of Homeland Security (202-282-8495) and leave the following message (or something similar):

"Hello, I am calling on behalf of Raul Ortiz-Garcia, A#076-656-831. Raul is a father who was placed in removal proceeding when he went to the ICE office to pick up his minor son. He has lived in Waco, Texas for 15 years. I am calling to ask the Department of Homeland Security to please stop his deportation. Thank you."

05/09/2012

A local election in Travis County, Texas, is bringing to light important questions surrounding the controversial Secure Communities program. As recently reported by the Texas Tribune, Democratic primary challenger John Sisson has criticized incumbent Sheriff Greg Hamilton for honoring federal immigration “detainers”—the lynchpin of Secure Communities—because of their harm to immigrant communities. While Hamilton has said he is bound by federal law, contrary policies in jurisdictions around the country show the sheriff is either misinformed or confused.

Immigration detainers are official requests from Immigration and Customs Enforcement (ICE) asking law enforcement agencies to detain immigrants for 48 business hours after they would otherwise be released so that ICE can take custody. As we have previously explained, detainers are requests, not commands, meaning that local law enforcement agencies do not have to honor them. Yet by Sheriff Hamilton’s own admission, he honors every detainer he receives. “At the Travis County jail,” he said, “we follow the law, and the law says that when an ICE detainer is put on, the law enforcement agency shall maintain that individual for 48 hours.”

In truth, federal law does not require law enforcement agencies to hold individuals for 48 hours; instead, it requires them to release the subject of a detainer if ICE fails to assume custody within 48 hours. In fact, numerous jurisdictions around the country—including San Francisco, Cook County, Ill., and the state of Connecticut—have announced policies in the past year prescribing conditions that must be met for detainers to be honored (such as being convicted of a serious or violent crime).ICE itself is partially to blame for Sheriff Hamilton’s confusion. Agency spokespersons frequently say they expect local law enforcement agencies to honor detainers but fail to mention that they are under no legal obligation to do so. In addition, ICE issued a new detainer form (Form I-247) last year clarifying that detainers expire after 48 hours, but suggesting that law enforcement agencies were required to honor them in the first place.

Aside from problems with detainers, there is larger cause to be concerned about Secure Communities, or “S-Comm.” Although the program was intended to target serious criminals, it has resulted in the deportation of many immigrants with minor or no criminal record. Nationwide, 26% of those deported through the program in FY 2011 had no criminal convictions. In Travis County, more than 60% of the 2,269 immigrants deported between June 2009 and September 2011 were “Level 3” (the lowest priority level) offenders or had only immigration violations. By contrast, less than 40% had Level 1 or Level 2 criminal convictions. These figures are consistent with trends documented in a report released in 2010 finding that in 2008, nearly 60 percent of detainers in Travis County were placed on those charged with misdemeanors—up from 38 percent in 2007 and 34 percent in 2006.

The number of deportations from Travis County also exceeded that of nearby Bexar County, which includes San Antonio and has a larger overall population. The numbers have raised concerns that local law enforcement officers are arresting suspected immigrants on minor charges specifically to determine through Secure Communities whether they are in the country illegally. For this very reason, opponents of the program have argued that the program creates obstacles to community policing and can lead to racial/ethnic profiling and pretextual arrests.

Sisson and Sheriff Hamilton will face off in the Democratic primary on May 29. In an interesting twist, the winner will face former Sheriff Raymond Frank, a Republican, who has stated he would not honor immigration detainers because they separate families.

05/07/2012

In Travis County, which many consider the liberal hub of Texas, a controversial immigration-enforcement policy is at the forefront of the sheriff’s race.

Sheriff Greg Hamilton, first elected in 2004, is coming under increasing fire from his Democratic primary challenger, John Sisson, a retired Austin Police Department lieutenant, for his use of Secure Communities. The program, administered by Immigration and Customs Enforcement and in place statewide, compares the fingerprints of arrested individuals to a federal database to determine whether those individuals are eligible for deportation. If a person is found to be in violation, ICE requests that a detainer be placed on the individual for 48 hours, excluding weekends and holidays.

The federal government said the program is needed to ferret out violent immigrants or repeat immigration violators for deportation. But critics say that the system focuses on lower-level offenders rather than the more violent criminals. Sisson said Hamilton grants detainers on every immigrant who is booked.

“I was appalled to see what it was doing to the Hispanic community and the immigrant community here,” Sisson said. “I felt like it was very inhumane to be lazy and not do the research and say, ‘We’ll just hold everybody for deportation and not even mess with the particulars.’”

Hamilton said that he is merely following the law.

“The only one that can deport and put an immigration detainer on an individual is an ICE agent, not us,” he said. “At the Travis County Jail, we follow the law, and the law says that when an ICE detainer is put on, the law enforcement agency shall maintain that individual for 48 hours.”

From June 2009 to September 2011, Travis County submitted 80,731 fingerprint sets and removed 2,269 immigrants, including those who left voluntarily.

More than 900 were Level 3 offenders, convicted of misdemeanors, which include traffic violations and drunken driving. There were 420 Level 1 offenders and 437 Level 2. Level 1 are aggravated felonies, including murder, rape, sexual abuse of a minor and drug trafficking. Level 2 offenders are convicted of any lesser felony or three misdemeanors.

Travis County’s number of removals surpasses that of Bexar County, where about 105,600 submissions were processed, resulting in the removal of 1,479 immigrants.

Bexar County, which includes San Antonio, has a population of about 1,715,000, compared with Travis County’s population of 1,024,000.

But Hamilton said deputies release immigrants if ICE agents do not take them and they are otherwise releasable on bond.

* * *

The winner of the May 29 Democratic primary will face Raymond Frank, a former sheriff and admitted underdog Republican candidate who identifies himself as an independent in the mold of Rep. Ron Paul, R-Lake Jackson.

Frank has vowed to do away with the program if he is elected because it separates families. “A lot of Republicans are pretty outspoken about immigration,” he said. “And I don’t share their views at all.”

05/04/2012

In the second part of this look at the debate surrounding the DREAM Act, KWBU's Becky Fogel spoke with Duke Machado, head of a local Republican group that seeks to build support for the party amongst Latinos. Machado does not support the DREAM Act saying it fails to provide a comprehensive solution to the entire population of undocumented immigrants in the United Sates. Yet the question remains: If efforts to provide legal status to a select group of individuals has failed to gain traction, how will legislation that provides legal status to a much broader population succeed? Machado argues that the answer lies in offering a documentation program that may not lead to citizenship.

04/29/2012

On March 7, 2012, the Republican incumbent District 56 Representative Charles "Doc" Anderson and the challenger, Chistopher DeCluitt, participated in a debate in Waco at University High School. They discussed several questions that deal with immigration:

(1) In-state tuition for undocumented students (4:15-7:41). If the law were up for a vote again, Chris DeCluitt would vote against the in-state tuition law as it is now because he has concerns about the ability to verify 3 year residence for students to qualify. Mr. Anderson supports the law as it is (I think).

(2) Border Security (34:56-38:30). This was a broad question that included what should be done with the undocumented that are on this side of the border. Neither candidate addressed the undocumented question but both focused on Border Security. Mr. Anderson emphasized the increased funding and resources that Texas has spent on border security under Governor Perry. Mr. DeCluitt is of the opinion that Texas should let the federal government secure the border and that the resources should be redirected to fight the drug crime that occurs on the Texas-Mexico border.